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Case of 'gate rage' leads to lawsuit
By SUSAN THURSTON, Times Staff Writer
"Sick and tired" of the gate across a public street at Culbreath Isles, a lawyer rams it with his pickup. The homeowners group seeks damages. TAMPA -- Mac Greco Jr. grumbles every time he has to pass through a gate to get to his home in Culbreath Isles. He lives in a public neighborhood, he says, not a restricted compound. On a recent Saturday night, while bringing home takeout from an Italian restaurant, his frustration turned to destruction. He rammed his truck into the gate, ripping the mechanical arm and motor from its concrete base. The Culbreath Isles Property Owners Association, which represents one of Tampa's most affluent neighborhoods, says Greco damaged private property. Greco says he was exercising his rights after a guard refused him access to the public streets that lead to his home. The incident is now the subject of a lawsuit in Hillsborough County Court. The homeowners association sued Greco on Jan. 22, seeking $5,000 to $15,000 in damages. Greco, a prominent south Tampa lawyer unrelated to Mayor Dick Greco, countersued on Feb. 11. He wants the gates removed permanently. He also wants the association to pay $600 for repairs to his pickup truck. The suit could break legal ground, experts say. It raises questions about whether communities should be allowed to enter agreements with local governments to install gates across public streets. "Our first case of gate rage," said Edward Blakely, one of the nation's experts on gated communities and author of Fortress America: Gated Communities in the United States. Greco, 55, argues that gates, even if accessible to the public, give the impression that outsiders aren't welcome. "I think this is wrong," said Greco, a Culbreath Isles resident since 1986. "It's an erosion of equal rights and civil rights. It's all about prestige and property values." Because Culbreath Isles streets are public, any person can legally enter the neighborhood without identifying themselves. When visitors approach, the guard is supposed to say, "Welcome to Culbreath Isles. How may I help you?" The city gave the homeowners association permission to erect the gates in 2000 after members said the barrier would make residents feel more secure. At the time, the neighborhood had a guardhouse, but no gates at the main entry. Residents approved and paid for the $200,000 project through special assessments and an existing street light fund. "We're just trying to make our families feel as comfortable as they can," said Ted Taub, the association's attorney and a longtime Culbreath Isles resident. The entrance off West Shore Boulevard has mechanical arms that rise and fall as motorists enter and exit. One has a sensor that reads decals on residents' cars so they can enter without encountering the guard. Others must use the visitors' entrance. Greco said he objected to the decals from the start. He opposes distinguishing residents from non-residents and doesn't think the association should have the power to monitor his comings and goings. Greco asked for 10 decals for his family and friends but says he only got four. He refused to put one on his F-250 Ford pickup. About 6:50 p.m. on Jan. 11, according to the association's lawsuit, Greco honked his horn to alert the guard to open the gate. When the guard walked out to his truck, Greco was furious and told him, "I am going to run this over," the lawsuit states. Then he backed up, drove over a curb onto association property and smashed through the gate. Greco says the guard should have opened the gate immediately. Instead, he asked him if he lived there and refused to budge when he threatened to knock it down. Greco tore through the gate and continued home with his pasta from Caffe Italia. The guard called police. The report says the guard told officers Greco swore at him and refused to calm down. The guard didn't recognize Greco but had a description of the vehicle. Police searched Culbreath Isles and found the truck parked outside Greco's home on New Providence Avenue. In the police report, Greco was quoted as saying he was "sick and tired" of the gate and had planned to take it out. Police have not charged Greco with a crime. Taub said the state attorney's office is investigating and the association intends to press charges. In the meantime, Greco vows to fight the civil suit and has requested a jury trial. He worries that allowing gates on public streets could lead to other infringements, such as bar codes on wrists or, perhaps, embedded in teeth. No hearing date has been set. Greco's attorney, George Vaka, said he sees little hope for a peaceful resolution. "This is a case about principle," he said. "Cases about principle infrequently settle." Blakely, the author, said the lawsuit was inevitable. People have long smashed gates to get into gated communities. Typically, they forget the combination or are drunk, he said. Guards usually aren't present. Blakely says gates are more about cachet than security. Research shows burglaries often increase in gated communities because people become less cautious. "It's marketing. It helps houses sell faster," said Blakely, who has studied about 100 gated communities. -- Susan Thurston can be reached at 226-3394 or thurston@sptimes.com .
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